A musical composition, jingle or sound can play a vital role in
brand recollection and enrich the brand value of a business. The
concept of sound marks explored, exploited and protected in India
definitely opens up its own world of branding. Now, especially with
the explicit recognition given to sound as a trademark under the
new Trade Marks Rules 2017 as issued on 6 March 2017, businesses
can receive more exclusivity for their musical or cacophonic
branding and marketing methods to allure, attract and appeal to
consumers in today's highly disruptive market.
If sound marks are distinctive and can play the role of
trademarks, which is to exclusively identify and associate the
goods and/or services as emanating from a particular undertaking
(in other words, a 'source identifier'), they are
registrable and deserve full protection under the Trade Marks Law.
In India, sound marks such as the Yahoo yodel and the corporate
jingle of ICICI Bank have already been registered.